Bait-and-Switch in Online Shopping: What It Is and What to Do
Quick Answer
Bait-and-switch is a deceptive practice where a seller advertises one product at an attractive price but attempts to sell a different, usually more expensive, product when the buyer tries to purchase it. It is prohibited under the FTC Act as a deceptive trade practice. Online variants include unavailability claims on discounted items, substitution without notice, and last-minute price increases at checkout.
What Bait-and-Switch Is
The FTC defines bait advertising as an offer to sell a product or service that the seller does not intend to sell as advertised, used to attract buyers so they can be switched to a different product. Bait-and-switch is a violation of the FTC Act Section 5, which prohibits unfair or deceptive acts in commerce.
The practice has evolved for online retail into several documented patterns that do not always involve a literal salesperson steering you to another product.
Online Variants of Bait-and-Switch
| Pattern | How It Works |
|---|---|
| Advertised item conveniently out of stock | A prominently advertised price attracts clicks; the item is shown as unavailable but a higher-priced alternative is immediately presented |
| Price change at checkout | The price shown in search results or on the product page increases by the time the item reaches the cart or checkout |
| Substitution without notice | An item ships that is described as "equivalent" or "comparable" to what was ordered without buyer consent |
| Bait bundle | An attractive lead item is only available as part of a bundle with less desirable products |
| Fake sale countdown | A sale price resets daily so the "time-limited" offer never actually expires |
What the FTC Says
Under FTC guidelines for bait advertising (16 CFR Part 238), specific behaviors indicate a bait-and-switch violation:
- Refusing to show the advertised product on request
- Discouraging the purchase of the advertised product through negative sales tactics
- Failing to have sufficient stock of the advertised product to meet reasonably anticipated demand
- Not making the advertised product available within a reasonable time
These guidelines apply to all sellers in commerce, including online retailers.
Price Change at Checkout
A common online pattern involves a price that changes between the product listing and checkout. This can occur through:
- Dynamic pricing that changes after you add to cart
- A sale price that expires before checkout is complete
- Fees added at the final step that were not disclosed earlier
Under FTC guidance on deceptive pricing and the 2024 Junk Fee rule, mandatory fees must be disclosed upfront. A price that changes materially at checkout due to undisclosed fees may constitute a deceptive practice.
What to Do
Document the discrepancy: Screenshot the advertised price and the checkout price. Save the product URL and the date.
Contact the seller: Request that the order be completed at the advertised price. Reference the original listing.
File a complaint:
| Agency | Contact | What They Handle |
|---|---|---|
| FTC | ReportFraud.ftc.gov, 1-877-382-4357 | Deceptive advertising and bait-and-switch |
| State AG | usa.gov/state-consumer | State consumer protection laws |
| BBB | bbb.org/file-a-complaint | Business dispute mediation |
Dispute the charge: If you were charged a different amount than advertised and the seller refuses to correct it, dispute the charge with your credit card issuer under the Fair Credit Billing Act.